sec.460Manager’s responsibility for maintenance and injuries etc.

### sec.460 Manager’s responsibility for maintenance and injuries etc. The manager is responsible for maintaining the public marine facility in good condition to a standard appropriate to its use. The facility is taken, for the purposes of all adverse civil proceedings in relation to death, injury, damage or loss, to be solely owned, occupied and under the management, control and responsibility of the manager. However, subsection (2) does not apply to the extent any death, injury, damage or loss is attributable to a structural defect in the facility unless— the defect is attributable to the manager’s failure to— properly construct, extend or alter the facility in accordance with a sanction under a provision continuing to have effect under repealed section 236 ; or Section 236 (Continuation of certain provisions of Harbours Act requiring approval for certain matters) was repealed on 20 October 2003. properly maintain the facility; or the defect or its continuation is attributable to a contravention by the manager of the conditions of the manager’s appointment. s 460 ins 2000 No. 6 s 25 amd 2008 No. 31 s 72 sch (sec.460-ssec.1) The manager is responsible for maintaining the public marine facility in good condition to a standard appropriate to its use. (sec.460-ssec.2) The facility is taken, for the purposes of all adverse civil proceedings in relation to death, injury, damage or loss, to be solely owned, occupied and under the management, control and responsibility of the manager. (sec.460-ssec.3) However, subsection (2) does not apply to the extent any death, injury, damage or loss is attributable to a structural defect in the facility unless— the defect is attributable to the manager’s failure to— properly construct, extend or alter the facility in accordance with a sanction under a provision continuing to have effect under repealed section 236 ; or Section 236 (Continuation of certain provisions of Harbours Act requiring approval for certain matters) was repealed on 20 October 2003. properly maintain the facility; or the defect or its continuation is attributable to a contravention by the manager of the conditions of the manager’s appointment. - (a) the defect is attributable to the manager’s failure to— (i) properly construct, extend or alter the facility in accordance with a sanction under a provision continuing to have effect under repealed section 236 ; or Note— Section 236 (Continuation of certain provisions of Harbours Act requiring approval for certain matters) was repealed on 20 October 2003. (ii) properly maintain the facility; or - (i) properly construct, extend or alter the facility in accordance with a sanction under a provision continuing to have effect under repealed section 236 ; or Note— Section 236 (Continuation of certain provisions of Harbours Act requiring approval for certain matters) was repealed on 20 October 2003. - (ii) properly maintain the facility; or - (b) the defect or its continuation is attributable to a contravention by the manager of the conditions of the manager’s appointment. - (i) properly construct, extend or alter the facility in accordance with a sanction under a provision continuing to have effect under repealed section 236 ; or Note— Section 236 (Continuation of certain provisions of Harbours Act requiring approval for certain matters) was repealed on 20 October 2003. - (ii) properly maintain the facility; or